Governor or Governors and Privy Council as aforesaid, in which last-mentioned Case such Part of such Share or Proportion shall not be recoverable from such Successor. Burnchurch shall, if so Lord Lieutenant and Coun. cil, take effect forthwith. IV. And whereas it is expedient, and hath been agreed The Division of * between and by the Archbishop of Dublin and the Bishop of the Union of * Leighlin, Ferns, and Ossory, and the present Incumbent of the "Ecclesiastical Union of Burnchurch, herein-after mentioned, ordered by the ⚫ situate in the Diocese of Ossory and County of Kilkenny, (in case the Consent and Approbation of the said Lord Lieutenant or * other Chief Governor or Governors and Privy Council should be * given thereto,) that the said Union should be divided, and that snch Division should be made to take effect forthwith;' be it therefore enacted, That every Order or Instrument to be made or xecuted in pursuance or by virtue of the said Act of the Seventh and Eighth Years of King George the Fourth and of this Act, or of any of them, for or in respect of the Division of the said Ecclesiastical Union of Burnchurch, or in relation to making any new Union, to be composed wholly or in part of any Part or Parts of such present Union of Burnchurch, or in relation to the Ecclesiastical Patronage affected or to be affected by such Division or any such new Union as last aforesaid, shall come into operation and take effect from and immediately after the making or Execution of such Order or Instrument, or at such Time or Times as may be appointed in such Order or Instrument, as fully and effectually, to all Intents and Purposes, as the same would under the said recited Act or this Act come into operation or take effect upon the Deccase of the then Incumbent or Incumbents of all and every or any Parish, Parishes, or Part or Parts of a Parish or Parishes affected thereby. a Parish Church V. And whereas, under the Provisions of the said recited Act, Providing for and other Acts for the Dissolution of Unions of Parishes in Celebration of Ireland, certain Parishes have been disunited, and constitute Marriages, until * distinct Benefices, in each of which Benefices so disunited a Parish is erected in Church has not as yet been built: And whereas, under the Pro- any disunited visions of this present Act, Parishes may be disunited, and new or newly erected Parishes may be erected in which Churches have not as yet ⚫ been built;' be it therefore enacted, That, until a Parish Church be built in any such disunited or newly erected Parish, Marriages of Parties dwelling therein may be celebrated, according to the Rites of the United Church of England and Ireland, in the Parish Church of any adjoining Parish. Parish. VI. And be it enacted, That this Act may be amended or Alteration of repealed by any Act to be passed in this present Session of Act. Parliament. 4 G. 4. c. 87. CA P. LV. An Act to continue for Two Years, and to the End of the then next Session of Parliament, and to amend, an Act of the Second and Third Years of Her present Majesty, intituled An Act to extend and render more effectual for Fre Years an Act passed in the Fourth Year of His late Majesty George the Fourth, to amend an Act passed in the Fiftie Year of His Majesty George the Third, for preventing the administering and taking unlawful Oaths in Ireland. [31st July 1845. WHEREAS an Act was passed in the Fiftieth Year of the Reign of His Majesty King George the Third, intituled 50 G. 3. c. 102. An Act for the more effectually preventing the administering and taking of unlawful Oaths in Ireland; and for the Protect of Magistrates and Witnesses in Criminal Cases: And where the said Act was amended by an Act passed in the Fourth Year of the Reign of His Majesty King George the Fourth, intituled 'An Act to amend and render more effectual the Provisions of an Act made in the Fiftieth Year of His late Majesty's Reign 'for preventing the administering and taking unlawful Oaths Ireland: And whereas the Provisions of the said last-recited Act were extended and rendered more effectual by an Act < passed in the Session of Parliament holden in the Second and 2&3 Vict. c.74. Third Years of the Reign of Her present Majesty, intituled An 'Act to extend and render more effectual for Five Years an Act 'passed in the Fourth Year of the Reign of His late Majesty King George the Fourth, to amend an Act passed in the Fiftieth Year of His Majesty George the Third, for preventing the 'administering and taking unlawful Oaths in Ireland: And 7 & 8 Vict. c. 78. whereas by an Act of the last Session of Parliament the s last-recited Act was continued for the further Period of One Year from the First Day of September in the Year One thousand eight hundred and forty-four, and will expire on the First Day of September in this present Year; and it is expedient that the same should be further continued and amended as herein-afte ⚫ provided:' Be it therefore enacted by the Queen's most Exceller Majesty, by and with the Advice and Consent of the Lords Spi ritual and Temporal, and Commons, in this present Parliament 2&3 Vict. c. 74. assembled, and by the Authority of the same, That the said lastrecited Act of the Second and Third Years of the Reign of Her present Majesty, subject to the Amendment herein-after contained shall be and continue in full Force and Effect for the further Period of Two Years from the said First Day of September in this present Year, and until the End of the then next Session of Parliament. continued for Two Years, as hereby amended. So much of last-recited Act as enacts that Persons having in pos II. And be it enacted, That from and after the passing of this Act so much of the said last-recited Act of the Second and Third Years of the Reign of Her present Majesty as enacts, that all Person who after the Day therein mentioned shall knowingly have session Copies in his Possession any Copy, written or printed, of any such Pass word or Passwords as therein mentioned, or other secret Mode of Communication, or of any Oath, Engagement, Test, or Declaration of Passwords, &c. shall be Combination, made use of or purporting to be made use of by any such Society deemed guilty as in the said last-recited Act mentioned, or by any Division of of unlawful any Society declared to be unlawful by the said Act passed in the &c. repealed. Fourth Year of the Reign of His late Majesty King George the Fourth, and shall not be able satisfactorily to account for the same, shall be deemed guilty of an unlawful Combination and Confederacy, and shall be liable to such and the like Penalties, Proceedngs, and Punishment as by the said Act of the Second and Third Years of the Reign of Her present Majesty is provided, shall be and the same is hereby repealed, save and except as to any Matter or Thing heretofore done under the Authority of the same. III And be it enacted, That this Act may be amended or Alteration of epealed by any Act to be passed in this present Session of Act. Parliament. CA P. LVI. An Act to alter and amend an Act passed in the Third and WHEREAS by an Act passed in the Third and Fourth Year of the Reign of Her present Majesty Queen Victoria, intituled An Act to enable the Owners of Settled Estates to 3 & 4 Vict. c. 55. defray the Expences of draining the same by way of Mortgage, *after reciting that whereas much of the Land in England and Ireland would be rendered permanently more productive by improved Draining, and nevertheless, by reason of the great Expence thereof, Proprietors having a limited Interest in such Land were often unable to execute such draining, and that it was expedient, as well for the more abundant Production of Food as for the increased Employment of Farming Labourers, and the extended Investment of Capital in the permanent * Improvement of the Soil, that such Proprietors should be relieved from such Disability, due Regard being had to the Interests of ⚫ those entitled in remainder, it was amongst other things enacted, * that it should be lawful for any Tenant for Life, or for Term of Years, as therein mentioned, entitled to any Lands in England * or Ireland, or such Guardian or Guardians as therein mentioned, to apply by Petition to Her Majesty's Court of Chancery or *Exchequer in England or Ireland for Leave to make permanent Improvement in the Lands to which he or she should be so entitled, by draining; and by the said Act Provision is made for the charging the Cost of such Draining on the Lands so drained, and otherwise as in the said Act is mentioned: And 'whereas the Advantages contemplated by the said recited Act are diminished by reason of the Costs attending the making such Application and such Charge as by the said Act is proIvided; and it is therefore, and for other Reasons, expedient 'that the Provisions of the said Act should be repealed, and should 'be re-enacted, with such Modifications, Extensions, and Alterations as are after mentioned:' Be it therefore enacted by the Queen's most Excellent Majesty, by and with the Advice and I i 4 Consent Recited Act repealed. Pending Pro ceedings may be completed. Tenants by tees, &c. may petition for Leave to make permanent Im provements in Lands in their Possession. Consent of the Lords Spiritual and Temporal, and Commons, i this present Parliament assembled, and by the Authority of the same, That, subject to any Proceedings under the said recited A which at the Time of the passing of this Act shall be pending the said recited Act shall be and is hereby repealed. II. And be it enacted, That from and after the passing of th Act any Proceedings now pending may be completed under the Provisions of this Act, as if the same had commenced after i Act had passed. Mort4 III. And be it enacted, That any Person entitled in possessin Curtesy, Trus to any Land as Tenant by the Curtesy, or for his own Life, or a other Life or Lives, or for Years determinable on any Life Lives, or any Infant entitled as aforesaid by his Guardian or e Friend, or any Idiot or Lunatic entitled as aforesaid by the Committee of his Estate, or any married Woman entitled as afore said for her separate Use by her next Friend, or the Husband any married Woman entitled as aforesaid in her Right, or Feoffees or Trustees for any charitable (or other) Purposes, or a Ecclesiastical or other Corporation Aggregate or Sole, or any gagee or Incumbrancer in Fee in possession of the Land mortgaged or incumbered, or any Person entitled in Fee to any Equity of Redemption, and in possession of the Land mortgaged, shall be at liberty to apply to the High Court of Chancery, by Petition to the Lord Chancellor or the Master of the Rolls, for Leave to make any permanent Improvements in the Land to which such Person or Corporation shall be so entitled, or any Part thereof, by draining the same with Tiles, Stones, or other durable Materials, or by warping, Irrigation, or Embankment in a permanent Manner, or by erecting thereon any Buildings of a permanent Kind incidental or consequential to such draining, warping, Irrigation, or embank ing, and immediately connected therewith, and shall in such Petition be at liberty to pray that the Expence of making any such pe manent Improvement may be made a Charge on the Inheritance of the Land under the Provisions of this Act. Such Petition to be referred to the Master, who shall report thereupon. Master's Re port to be filed, and on Confirmation thereof by the IV. And be it enacted, That upon the Presentation of any Petition as aforesaid it shall be lawful for the Court, without requiring the Attendance of any Counsel or Solicitor, to refer to One of the Masters of the said Court to make all necessary and proper Inquiries, and consider all such Estimates and Valu tions as shall be produced before him in relation to the Matter of such Petition, and thereupon to report whether in his Opinion it will be beneficial to all Persons interested in the Land that such permanent Improvements should be made under the Provisions of this Act. the V. And be it enacted, That such Report shall be filed in the Report Office of the said Court, and if no special Application to review the same shall be made within Fourteen Days after the filing thereof, it shall be lawful for the said Court, upon Court Improve- Petition of the Party obtaining the same, and without the Attend ance of any Counsel or Solicitor, to confirm the said Report abso lutely, and thereupon to authorize or permit such permanent Improvements to be made; and the Master may thereupon certify be issued by the that any Person advancing Money for the Purpose of making such permanent Improvements of the Land under the Provisions ments may be made. Certificate to Master. of this Act will, upon its appearing to the said Master that such Sum of Money has been fully expended in making such Improvements, or in paying the Expence of obtaining the Authority of the said Court, become and be entitled to a Charge on the Land for the Repayment of the Money advanced, with Interest; provided that upon Application to the Court to confirm the Master's Report it shall be lawful for the Court, if in its Opinion the Case shall appear to require the same, to refer it back to the Master to review his Report, or to receive fresh Evidence in support of the Master's Finding, or otherwise for the Purpose of ascertaining in more satisfactory Manner whether it is proper to make the Improvements proposed under the Provisions of this Act. ter's Certificate Inheritance to become VI. And be it enacted, That the Master, having granted such After EndorseCertificate as aforesaid, is to be at liberty to inquire and state what ment of MasExpences have been incurred in and about the Application to the Court, and making the necessary Surveys, Valuations, and Estimates, and also to inquire and state what Sums of Money have charged with been actually expended in such Improvements; and the Master, Expences being satisfied as to the Amount of such Expences, may endorse incurred. upon the said Certificate that it hath been made to appear to him that the whole, or such Part of the Monies so advanced as aforeaid as upon the Evidence shall appear to have been so advanced, hath been fully expended in manner aforesaid, and upon such Endorsement being made the Inheritance of the said Lands shall thereupon become and be charged with the Payment of the said Sum, with Interest as from the Time when the same was advanced; and such Charge shall have Priority over other Charges, except Tithe Commutation Rent-charges, and any Quit or Chief Rents incident to Tenure; and a Memorial of every such Certificate, Registry of charging Hereditaments in the Counties of Middlesex and York- Memorial of shire in England, or any Hereditaments in Ireland, may in all respects be registered as Deeds are now registered in Middlesex, Yorkshire, and Dublin respectively, and without Payment of any Fee. Certificate, Evidence. VII. And be it enacted, That such Certificate as aforesaid shall Certificate to be filed in the Report Office, and a Duplicate thereof, signed by be filed, and the Master, shall be delivered to the Person advancing the Money, Duplicate to be and shall be legal Evidence of his Title to the Money; and the Security shall take effect as from the granting of the Certificate. VIII. And be it enacted, That the Money so to be advanced, or so much thereof as shall from Time to Time remain unpaid, shall vanced to bear bear Interest at such Rate as shall be agreed upon, not exceeding the Rate of Five per Centum per Annum, from the Time when the same shall be advanced, and such Interest shall be payable half-yearly. Money ad Interest. ments. IX. And be it enacted, That the Principal Money so to be Principal to be advanced shall be repaid by equal annual Instalments; and such repaid by equal annual Instalments shall, in the Case of Improvements by Drain- annual Instalage, warping, Irrigation, or Embankment, be not less than Twelve nor more than Eighteen in Number, and shall, in the Case of Improvements by the Erection of Buildings, be not less than Fifteen nor more than Twenty-five in Number. X. And be it enacted, That any Person on whose Petition such Person in posCharge shall be made, and every succeeding Tenant for Life or session of Lands other charged bound |